Legal Question in Wills and Trusts in California

When my father took out his 401K I was not born. He named my sister as beneficiary, now that he has died am I without any rights to the money?

Asked on 4/01/12, 9:46 am

3 Answers from Attorneys

Kurt Seidler Law Offices of Kurt A. Seidler APC


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Answered on 4/01/12, 6:26 pm

Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

Unfortunately, your sister is entitled to the 401K. Any asset such as a life insurance policy, bank account, 40K etc. that has a named beneficiary is distributable to the person named as the beneficiary. If you were left out of your father's will or trust, you may have rights as an omitted child.

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Answered on 4/02/12, 6:19 pm

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